| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 206 | ||||
| Course Title in English | Law of Obligations: General Provisions II | ||||
| Course Title in Turkish | Borçlar Hukuku Genel Hükümler II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 100 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only Undergraduate Students | ||||
| Overall Educational Objective | Students will learn torts and unjust enrichment as sources of obligations and special matters regarding obligations. | ||||
| Course Description | This course aims to provide students with extended knowledge on torts and unjust enrichment as sources of obligations. In the second part of the course, students will be taught on the effects of obligations on third parties, joint and several liability for an obligation, obligations on condition, penalty clauses, the assignment of claims and assumption of obligations, as well as the assignment of contract, contract. | ||||
| Course Description in Turkish | Ders kapsamında ilk olarak öğrencilere haksız fiilden ve sebepsiz zenginleşmeden doğan borçlar açıklanacaktır. Dersin ikinci bölümünde ise özellik arz eden borç ilişkileri incelenecek, bu kapsamda özellikle borcun üçüncü kişilere etkileri, müteselsil borçluluk ve alacaklılık, koşul kavramı, ceza koşulu, alacağın ve sözleşmenin devri, borcun üstlenilmesi ve nakli, borca ve sözleşmeye katılma kurumları ele alınacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Learns the basic concepts of tort, unjust enrichment, joint and several liability for an obligation, obligations on condition, bargain money, forfeit money, penalty clauses, assignment of claims and assumption of obligation. 2) Can discuss the content of the provisions regarding the debts arising from tort and unjust enrichment and the special matters regarding obligations, and able to answer text questions in this context. 3) Can determine the legal problems that may arise in concrete cases regarding the debts arising from tort and unjust enrichment and special matters regarding obligations and apply the relevant provision. 4) Evaluate and criticise the results arising from the application of the provisions regarding tort and unjust enrichment and special matters regarding obligations. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 1) Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. | ||||
| 2) Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. | ||||
| 3) Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. | ||||
| 4) Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. | ||||
| 5) Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. | ||||
| 6) Internalization and dissemination of professional ethical standards. | ||||
| 7) Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. | ||||
| 8) Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). | ||||
| 9) Recognition, understanding, and respect for the complexity of sociocultural and international diversity. | ||||
| 10) Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. | ||||
| 11) Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. | ||||
| 12) Ability to acquire knowledge independently, and to plan one’s own learning. | ||||
| 13) Demonstration of advanced competence in the clarity and composition of written work and presentations. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. | N | |
| 2) | Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. | N | |
| 3) | Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. | H | Exam,HW,Participation |
| 4) | Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. | N | |
| 5) | Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. | N | |
| 6) | Internalization and dissemination of professional ethical standards. | N | |
| 7) | Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. | N | |
| 8) | Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). | N | |
| 9) | Recognition, understanding, and respect for the complexity of sociocultural and international diversity. | S | Participation |
| 10) | Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. | S | HW,Participation |
| 11) | Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. | N | |
| 12) | Ability to acquire knowledge independently, and to plan one’s own learning. | S | Exam,HW |
| 13) | Demonstration of advanced competence in the clarity and composition of written work and presentations. | H | Exam,HW |
| Prepared by and Date | BAKİ İLKAY ENGİN , January 2024 |
| Course Coordinator | BAKİ İLKAY ENGİN |
| Semester | Spring |
| Name of Instructor | Asst. Prof. Dr. İHSAN GÜLÇİN PELİN IŞINTAN |
| Week | Subject |
| 1) | Introduction to Torts and Conditions of Liability-I |
| 2) | Conditions of Tort Liability-II |
| 3) | Liability for Immoral Acts and Pecuniary Damages |
| 4) | Liability without fault-1: General overview, liability of employer, liability of animal handlers, liability of owners of buildings and other structures, general hazard liability |
| 5) | Liability without fault-2: Liability of those who do not have the power of judgement, liability for damages in case of necessity, the operator's faultless liability according to the Highway Traffic Law |
| 6) | Liability without fault-2: Liability of those who do not have the power of judgement, liability for damages in case of necessity, the operator's faultless liability according to the Highway Traffic Law |
| 7) | Non-pecuniary damages and Joint Liability |
| 8) | Unjust Enrichment-1: Unjust enrichment as a result of performance |
| 9) | Unjust Enrichment-1: Unjust enrichment as a result of performance |
| 10) | Unjust Enrichment-2: Unjust enrichment other than performance |
| 11) | Contract for the Benefit of a Third Party and Undertaking the Act of a Third Party |
| 12) | joint and several liability for an obligation |
| 13) | Condition and Penalty Clauses |
| 14) | assignment of claims and assumption of obligations |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | - Serozan, Rona: Kocayusufpaşaoğlu / Hatemi / Serozan / Arpacı Borçlar Hukuku Genel Bölüm Üçüncü Cilt, İfa, İfa Engelleri, Haksız Zenginleşme, Filiz Kitabevi(last edition). - Oğuzman, M. Kemal / Öz, M. Turgut: Borçlar Hukuku Genel Hükümler Cilt 2, Vedat Yayıncılık(last edition). - Nomer, Haluk N.: Borçlar Hukuku Genel Hükümler, Beta Yayınevi(last edition). - Eren, Fikret: Borçlar Hukuku Genel Hükümler, Yetkin Yayınevi(last edition). - Kılıçoğlu, Ahmet: Borçlar Hukuku Genel Hükümler, Turhan Kitabevi(last edition). - Develioğlu, Murat / Pichonnaz, Pascal / Tercier, Pierre : Borçlar Hukuku - Genel Hükümler, On İki Levha Yayıncılık(last edition). - Engin, Baki İlkay / Önay, Işık / Ünver, Tülay A., Borçlar Hukuku Pratik Çalışmaları, On İki Levha Yayıncılık(last edition). - Helvacı, Serap / Kocabaş, Gediz, Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Legal Kitabevi(last edition). - Kılıçoğlu, Ahmet: Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Turhan Kitabevi(last edition). - Yüce, Melek Bilgin, Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Vedat Yayıncılık(last edition). | ||||||||||||
| Teaching Methods | Theoretical lecture, evaluation of court decisions on the subject and case studies. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
engini@mef.edu.tr |
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| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 2 | 3 | 70 | |||
| Midterm(s) | 1 | 10 | 2 | 12 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 100 | ||||||
| Total Workload/25 | 4.0 | ||||||
| ECTS | 4 | ||||||